Indonesian Constitutional Court Rejects Lawsuit to Remove Religion from ID Cards

Jakarta, MINA – The Constitutional Court (MK) of the Republic of Indonesia has decided to reject the lawsuit regarding the removal of the religion column from the Identity Card (KTP) as well as the removal of religion and beliefs as a requirement for legal marriage.

The Court stated that a marriage is considered invalid if it does not involve a religion or belief adhered to by the citizens.

“The request of the petitioners is rejected in its entirety,” said Chief Justice Suhartoyo while reading the decision in the MK courtroom on Friday, January 3.

The MK emphasized that practicing a religion or belief in God Almighty is a reflection of the nation’s character.

Citizens cannot choose to be without religion or belief.

“There is no room for citizens to choose not to follow a religion or to not believe in God Almighty. This limitation is proportional and not a form of discrimination against citizens. Based on this legal consideration, the petitioners’ argument about the unconstitutionality of Article 2, paragraph (1) of the Marriage Law is legally unfounded,” explained Suhartoyo.

Constitutional Judge Arief Hidayat, in his considerations, stressed that the Marriage Law must be understood in its entirety and not partially. The MK considered that in accordance with the mandate of the 1945 Constitution and Pancasila, marriage cannot be separated from the fundamental principle of belief in God Almighty.

“With no room for Indonesian citizens to choose not to adhere to a religion or belief in God Almighty, the legal norm that only acknowledges marriages according to each individual’s religion and belief is not a discriminatory norm,” explained Arief.

Arief stated that marriage is part of worship as an expression of religious belief in God Almighty. This can be categorized as an external forum where the state can determine the procedures and requirements.

“With the norm in Article 2, paragraph (1) of the aforementioned law, the state entrusts it to religion and belief in God Almighty because the legal requirements for marriage are determined by the laws of each religion and belief in God Almighty,” he explained.

Therefore, he concluded, religion and belief in God Almighty are inseparable elements from the requirements for a valid marriage. (T/RE1/P2)

Mi’raj News Agency (MINA)